:._ _
 .. ,

 Brotherhco-2 o~- _lroad drain-er

 Chicago '·';:.U~C·' St. PaUI and

 ,

 Pacific Ra:lroac Co:-.7any (L:in cs'-Ea`-~-

 J:: w.\G :VIiJNl): The pur70J,. G1 ."::JiW LOSS vB-Oard-MO~- ,, a.`.
 established b·r ...: ?;:,tip.^.al~?aed3ati-or._ oard
 is to resolve tile procedural .:'-snute het;aeerr`°thE par ties.

 The Bc~r ... _ _ ,,=a o.·rice'cf ,..e CL-1_iEr,
 347 Union Station Buildi::;i,~,...icago, ?1.ino.s.on :\v.R;at 6,
 David Dolnics, the neu=ral .- _ _ , .as electe;:, W w c.
 Carrier and Or.aanizatior. ::c::;;.._s, _s Chairman of t::c soar;:,
submitted a written subm'_ssic::.a::-` .. itten ex- ibits. .:.e O
 iZatlOn argued its ·~7CS1t10: v.'a.:1`, ;,..^.C 5~:'`J.'..1L,:8\- ..._,.ti:n u.:i

1 hC SOIE and only ^-'GC·C'GLir;_l issue t7 .';E i::.,:. by this PrGceu:a lG::rd is "u;ct::c: c_ ::.: ..

 Public Law Board may lEgiLi;na LE1)- be established v:i:Ga t'lcr\:' i:: already in existence on the property a Special 'BOwrc of :·,:iju:_ .i.Onwhich 15 willing t0 consicer cur:C^tl)`-S;.1J:.u1CtCC C;_Si:S'_ one o: the parties so desires."

 On :ia:ch ?G, 115 _.. =`a::t'_es cntc::.. _..LG .... agreament providing, in par-_, as

 "For the pur?Gsc c pendin; time ciu~.-.:s IT IS t~qG:cc;::

 and ~r'evat:ces,












                wages, ruIcs or .-.-orking conditions,

                bet:·:eCn -::C %,arr1Cr ...;d the ompl·Jyees

                o- said Carrier by th-e

                Order O- .:;___ '· Cc, c :i zors a nd 3l u%0- -


                men or _:;e ..rct:._r::oodof :<ailrod

                3~3SCf::P..^." ~:., :.laj1~ :a:~i~l~ (J::Oi:It.

                be :3rot.;erhcoa of :2a ii road frai:.-:~·.:).


            "F. The Boar S'--11 .lave jurisc:iczicn

                      _ "1.

                only oa c ~_,a .::.,: ~r=eva:ces su.i-.

                -t d u^.:i,. a~ u-,:;.. t:.o tc.;;s o: t..is a;rce

                meat, a _:s t, to be dusi~-_tea as

                'Or 4 4 :._ _st', ^f cases to _c Sub

                ;.t4 tteC1

                to t::e Board s :11 ba nr.. .red

                by mutual agree-e^t bet'..'een t e l°~artias,

                - ,. ,

                Such 1=St S=-~:.1-Gi.:i.c^ G:iIl· CLi.ii:5 or,

                wi1ieh dccis4O: "_s been ro-nc:eroc, prior -

                to the (Late =:Cr C0- w the ' i ~Ti:~'._i

                officer o_ -. c ;:airier dF~si; ;;tc;; to

                handle appeals on sue:: matters. in

                addi won. ;ere .aa"i ~_- Sa.i-:.l.Zed -LO

                _tue :Bode bv - - o~ L:;e -)ar t_=es

                ~sun-~1e;cnta-=-'?sue', C '17 '"i-ts° o.;

                                          77-

                any clams or _r ievances on~;~`=is de

                cision is nereaEter rendered by suca

                officer prior to the datc of the fir.ci

                meeting of the Boa-' as provided in

                Section D hereof." (Emphasis ad _ed)


Pursuant to this agreement Special Board of Adjustment \o. ..:;.0
 was established. It is not clear %rhether teat Special 3o,-rd cc'
 Adjustment heard and disposed of all of the claims and Rr:i.vainc<:s
 contained in the "Original List" But it is clear t:iat "Sup~iio
 mental Lists" were submitted to that Board from tune to tis;e a._n d
 that claims and grievances therein contained were heard and dis
 posed,of.The record shows, however, that the claims of R. ,i.
 Fitzg'erald,-,a-Conductor-Brakeman, f. ': Plumb, a Conductor, and
 S, Datto;o, a Brakeman, were not in the "Original List" nor :in
 any "Sup emental List" submitted to Special Board of Adjust:aent
 No . 14 f .- .

 Special Board of Adjustment \o. 140 acquires no jurisdiction and has no right to hear and decide a claim or grievance until and unless the parties mutually-submit the issue in dispute to that Board. The claims and grievances contained in the "Original List" were properly sub:aitted to the Special Board for adjudication. Disputes arising thereafter may be submitted to the Special Board for consideration and decision. And eithe_party may, for any reason, refuse ta,_submit the claim or grievance

                            _2-


                      F.

to that Board. If the 'fartieS- '-ad intca:ded t0 eS ~.a bl iS.': c. permanent Special Board o~".·ajustr..;::z: to hear and c:ec,de ail claims or grievances arisi:~, out o_° r .... iatororetazion of the basic agreements, they should have so~rjrovided. The Agreement of March 20, 1956 does not provide ;=z.-.t the Special ward o Adjustment \o. 140 has suchjurisdiczion.

 This is furs^er corf_:.-.:ed by a jointly e::ecu-ceu
 letter dated ?larch 9, 1956 chic^. =eal-s, i.. Part, as follcws:
 a-
                  1' i:iVL4~l-~r .WiIstCodl a..4 o1"_~L0aiV.

              that insofar as claims and -rievances including iscin_ino involving emp-eyes represented by the .,_.T, :-eferr ing particularly to ?~Ya~=-_ : :'' of ·,:hs;: :,~:reoment that the supplemonzal list or lists referred to =. Para?:'aph 'F' must be submitted to the board not later than January 1, 1957 unless otherwise mutually agreed."


And Special Board cf adjustment No. 140 has confirmed this understanding. In Ai.:Grd No. 1195 issued on September 21, 1967 that Board said:

              "On March 30, 1967 the Organization notified the Carrier of its intent to submit the claim hereinabove described to this Board. On April 19, 1967 the Carrier notified the Organization that it did not concur in the docketing of

                                          n

              this case with the card. On ?lay .*' 1967 the Organization listed this case, among others, with the Board.


              ----_--=-On March 20, 1956 the parties entered into an agreement establishing this Board. At the same time, by letter agreement, the parties agreed that no supplemental list would be submitted to the Board after January 1, 1957 ,'unless otherwise mutually agreed`.


              As it affirmatively appears the parties have not agreed to submit this case to this Board, we have no jurisdiction of it and have no alternative but to dismiss the claim.


On the basis of the entire record, this Procedural
 Board finds that a Public Law Board may be established to consic_er

                            -3-

and adjudicate the three currently submitted cases.

 A:~,ARD

 1. A statutory Pub is Law Board has jurisdiction to hear and decide the claims of (1) Brakeman, S. Dattoiico, (2) Conductor, T. T. Plumb and (5) Conductor-Braiceman, Z. S. Pitzgerald for reinstatement to their respective positions with full seniority and vacation rights and with pay for lost tire.

 2. Public Law Board :·;o. 175 shall be established and shall be governed by the terms and conditions contained in the Memorandum of Agreement hereto attached.

 Executed at Chicago, Illinois, this -72y. day of August, 1963.
 4

                          David bo nic k, Neutral ~·femuer an~

                          Chairman


i1. . m our, arrier : em er

 lr-:a, rganizatlon '1ember
                                  J w ~Lr~ 1?s- ~ r~-


:·fE::ORANDUr'·: a: G.2~E:t;\1

bet.ii:en ~Ile

CHIC.4G0, MILWAU"KEE, ST. PAUL :.6 PACIFIC ~AILROAD CO:IPA\Y

(LINES EAST) (Tii3 Carrier)

and its employees reproserted by the

BROTH ER:1VJD VP RAIT :\V D V~1~.: .^'.:~

(The Oran_zct'_on )


                              --------------


FOR THE PURPOSE OF ESTABLISHING A SPECIAL BOARD OF AD.TL`ST.'.;LNT

 IT IS AGREED:

 1 There shall be es- ab1;5 =c.: .. -:Jeclai BOa r4 of _·.CwL:o'C ment under' the provisions of t.^.e :ai_S:aV.Labor act, as n-iende:i, which shall be known as the C.:I.St.!·F,Pr2~0. - B:IT Snecial Bear-' of Adjustment, hereinafter referred to as the "Board". Siicli ~~o;:~:. shall have jurisdiction over cases as listed i_^.C`z~cruss;='snot'[ of :March 1, 1968 and submitted to it under this agreement, h: ].S.11 out of the interpretation and application of agreements ~ov~r::ing wages, rules, and working conditions between the Carrier and the employees of said Carrier.

 2. The Board shall consist of three (3) members. On~-shall be selected by the Carrier and shall be known as the "Carrlor Member" One shall be selected by the Organization renresenta the employees and shall be known as the "Organization -,ember". 'h-third member, who shall be Chairman of the Board, shall be a nei.itra'l person, unbiased between the parties, who has had previous experience on the National Railroad Adjustment Board.

 Members of the Board, other than the Chairman, may ;a changed from time to time, and at any time, by the respective na:ties designating them. The initial Carrier ;(ember and' Organization Momber, shall- be named°by tile Carrier and the Organization wit:lir five (5) a s after the effective date of this agreement.

 'rhe- Carrier :Member and the Organization Nlombcr sliall meet in d- :cago.Illinois, within five (S) days after designation: of'the initial party members for the purpose of considerinthe matters subject to the jurisdiction cf the Board, and if no agreement is reached within ten (10) days, to select the Neutral :'[ember of the Board. If within ten (10) days after the first meeting the party members are unable to agree upon the Neutral Member, they shall jointly request the National Mediation Board to appoint the Neutral Member. In case of a permanent or temporary vacancy on the Board, with respect to either party member or the neutral, the
 = y p~r3 ~~s- i

 vacancy shall be filled in the same manner as in the original selection. -.

 4. The Board shall meet in Chicago, Ill inois at a tii::e and date designated by the Neutral ::amber. The Board shall establish the rules of procedure for its government. Tlierea-fterv The Board shall meet at regularly stated tinges and continue in session until all matters submitted to it under this agree-ent are disposed of. The Board shall hold hearings at a location determined by the Neutral Member within tic- City of Chicago, i.iiinois, on the line of the Carrier. The 2oard may, if tae me~;:uers thereof deem advisable, hold hearings at other places or: the line of the Carrier. The Board shall gave the authority to e: ;ploy secretary and other assistants and incur such other expenses as it deems necessary for the proper conduct of business.

 S. The compensation and expenses of the Carrier Member shall be borne by the Carrier. The comnensation and expenses o_ the Organization Member shall be borne by the Organization. T::e compensation of the Neutral Member shall be set and paid by the National Mediation Board. All ot'ler exnenses of the Board snail be borne half by the Carrier and half by the Organization.

        6. The Board shall have jurisdiction only of matters

submitted under the terms of this Agreement, and as set out in _
 Attachment A attached hereto and made a part hereof. '

 7. Matters shall be submitted to the Board within such time as the Board may provide. The Board shall not have Jurisdiction of disputes growing out of requests for changes in rates of pay, rules and agreements, and shall not have authority to change existing agreements governing rates of pay, rules and working conditions, nor to grant new rules.

        8. The Board shall hold earings on each case submitted

to it. Due notice of such hearing shall be given the parties. At
 such hearings, the parties may be heard in person, by counsel, or
 by other representatives, as they _ay elect. The parties may pre
 sent ora ' and in writing statements of facts, supporting evi
 dente alb ta, and argument of their position with regard to each.
 case bei c~ nsidered by tae _,ec-'.. The Board shall have authority
 to requx _gx.permit the production of additional evidence, either
 .__.
 oral or'wfftten; as it may desire, from either party providing it
 pertains-to'7the^issue or issues presented in the submission.

 9. The Board shall make findings and render an Award in each matter submitted to it within thirty (30) days from the date initially considered by the Board with the sole exception of a case withdrawn from the Board by joint request of the Carrier and the Organization. Such findings and Award shall be in writing,
            t,:3 J- ~L B t '1 - co~e. f


and copy shall be furnished to respective _aarties to the disputo. Such Aaards shall be final an" binding upon both parties to tie dispute. Each member of tile Board shall have one vote and a majority of the Board shall be competent to render anerard or .make such other rulings and decisions necessary to carry ou"the functions of the Board.

 In case a dispute rises _nvolving an iutarprezaz_on of an Award while the Board is in oxistence or upon recallZ
 :ai·~:: thirty (30) days thereafter, the 3oard, upon request of eit:cr party, shall interpret the Award in t'ra light of t;e dispute.

 10. The Board hereby esta;lished shall continue in existence until it has disposed of the .matters submitted to it and/or any other matters mutually agreed to and submitted to this Board, after which it shall cease to exist, except for inter.protation of its Awards as above provided.

        11. This agreement is effective tis:t"% day of

                                                Awgv:St, 1`J v.:


Executed at Chicago, Illinois, this day of August, 1968.

                                FOR BROTHERHOOD OF RAILROAD TRAIN%:E\I CHICAGO. MIL:1AUKEE, ST. ?AUl AND PACIFIC RAILROAD COMPANY (LIfES LAST)


U,-?Z ;;;=JY=io5·°'~ GZ_ruURC. Crt~ii:h1,~: Vice 'rcsldenL -~aJO. ____.____

        APPRO ·FD:


          ~w'I~ ~ ~ 'l a.J~. .~`ri1

          ~avicTLolnic'- P.ocural Re-e~ree

`~ PLQ n 5-- ca.~r

 CASE N0. 1. Request for the reLn.statament, with pay for mil ti ;:a
 lost, of former 01d SRa7 Division Brakeman S. Dattolilcrl
 9iith seniority, vacation a:-.3 811 other ri2htS on account dismisZed
 from the service of the Carrier for violation of the Carrier's
 rules.

 CASE N0. 2. Request for the reinstatement of .:·il;vau_cee Division,
 First District (01d CL-*, Dilvision) Conductor T. T.
 Plumb with seniority, vacat_cn and all other rights unimpaired as
 wall as compensation of 150 miles for each date held out of sex-rice
 commencing with April 7, 1967.

 CASE N0. 3. Request for the reirstatemeri of ?r=ii-:aukea Division,
 First District (01d C~: Div.), Conductor-Brake:~..an
 R. J. Fitzgerald with sen:.c;-it;;, vacation and all other rights
 unimpaired and pay for all dates held out of sem-ice, August 26,
 1967, and all subsequent dates of record, handled in^, accordance
 with the Time Limit on Claims Agreement.

 s-

 r